HomeMy WebLinkAbout1995.12.19_City Council Agenda1
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: December 19, 1995
TIME: 7:00 p.m.
PLACE: Council Chambers, Owasso Community Center
Notice and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin
board at 4:00 p.m. on Friday, December 15, 1995.
Marci outwell, City lerk
AGENDA
1. Call to Order
2. Invocation
Pastor Kevin Stewart
Central Baptist Church
3. Flag Salute
4. Roll Call
5. Request Approval of the Minutes of December 5, 1995 Regular Meeting and
December 11, 1995 Special Meeting.
Attachment #5
Owasso City Council
December 19, 1995
Page 2
6. Request Approval of Claims.
Attachment #6
7. Request from Citizen to Address the Council Regarding Sports Activities.
Mr Bill Hackathorn
Attachment #7
Mr Hackathorn has requested an opportunity to address the Council on the sports related ~
items listed in the attached letter. ~
8. Consideration and Appropriate Action Relating to a Water Bill and Water Meter Deposit.
Mr Dwight Pedersen
Attachment #8 1
Mr Pedersen has requested an opportunity to address the Council regarding his water bill
and meter deposit; and that the Council take action regarding these items. ,~
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9. Consideration and Appropriate Action Relating to a Request to Award a Contract for the '
Purchase of One Front Loader for Ford 2000 Tractor.
Mr Rooney
Attachment #9 '
Staff has completed the bidding process, reviewed the bids received, and will recommend
a contract be awarded to Jensen Ford Tractor Inc, Bartlesville, OK, for the purchase and '
installation of one front loader consistent with bid specifications, in the amount of $3604,
and authorization for payment.
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Owasso City Council
December 19, 1995
Page 3
10. Consideration and Appropriate Action Relating to the Acceptance of the Donation of a
Computer.
Chief Alexander
Attachment # 10
Staff will recommend City Council acceptance of a donation from the Owasso Schools of
a Business Products System 486 computer.
11. Consideration and Appropriate Action Relating to a Policy Regarding the Issuance of City
Owned Equipment, Materials, Supplies, or Services to Elected Officials.
Mr Ray
Attachment # 11
A policy limiting the authority of the City Manager to issue city-owned equipment will be
recommended for Council adoption.
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12. Report from City Manager
13. Report from City Attorney
Owasso City Council
December 19, 1995
Page 4
14. Reports from City Councilors
15. Unfinished Business ~+
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16. New Business
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17. Adjournment ~
NOTICE OF PUBLIC MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: December 19, 1995
TIME: 7:00 p.m.
PLACE: Owasso Council Chambers, Community Center
Notice of Addendum filed in the office of the City Clerk and posted on the City Hall bulletin
board at 11:30 a.m. on Monday, December 18, 1995.
Marcia outwell, City Clerk
ADDENDUM TO AGENDA
All other matters set forth on the agenda filed on December 15, 1995 shall remain the same.
The following is submitted for addendum thereof.
12. Consideration and Appropriate Action Relating to Ordinance #513, Amended, an
Ordinance Changing the Wording in Section Two of Ordinance #513.
Mr Ray
Mr Cates
Attachment # 12
Staff will recommend Council approval of Ordinance #513, Amended.
Owasso City Council
December 19, 1995
Page 2
15. Reports from City Councilors
18. Adjournment
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: ORDINANCE #513, AMENDED
DATE: December 18, 1995
BACKGROUND:
The Owasso City Council previously approved Ordinance #513, an ordinance providing for
mandatory connection to city utilities, and providing responsibility for payment for connection
to city sewer improvements constructed in whole or in part by CDBG-ED funds. The ordinance
also requires that employment and beneficiary information be supplied to the Oklahoma
Department of Commerce by each entity connecting to the city's utility services that have been
constructed in whole or in part by funds provided by ODOC. The provisions of the ordinance
relating to required connection are restricted to only those structures located within 200 feet of
the water and wastewater line improvement constructed as a part of the CDBG-ED-NSP project.
ODOC is now requesting a minor change in the wording in Section Two of that Ordinance. The
portion of Section Two which reads ". .shall provide employment and beneficiary
information as deemed necessary and requested by proper governmental authorities on a
quarterly basis is changed to ". .shall provide employment and beneficiary
information as required by the Oklahoma Department of Commerce on a quarterly basis .... ".
Ordinance #513, Amended would make that change.
RECOMMENDATION:
Staff recommends Council approval of Ordinance #513, Amended, as request by the granting
agency.
ATTACHMENT:
1. Ordinance #513, Amended
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 513, AMENDED
AN ORDINANCE RELATING TO PART 17, UTILTTIES, THE CODE OF
ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, PROVIDING
FOR MANDATORY CONNECTION TO CITY UTILITIES, PROVIDING
RESPONSIBILITY FOR PAYMENT FOR CONNECTION TO CITY
SEWER IlVIPROVEMENTS CONSTRUCTED IN WHOLE OR IN PART BY
COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC
DEVELOPMENT FUNDS, REQUIItING EMPLOYMENT BENEFICIARY
INFORMATION TO BE FURNISHED ON A QUARTERLY BASLS AND
DIRECTING CODIFICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT:
Section One (11. All facilities requiring service by City utilities, constructed within
the City of Owasso, Oklahoma, with funds furnished in whole or in part by the Oklahoma
Department of Commerce, State of Oklahoma, pursuant to the Community Development Block
Grant -Economic Development financing program, shall connect to the City sewer system. In
conjunction therewith the following shall be required, to-wit:
A. All developers, except low and moderate income developers, of
commercial and manufacturing properties that are within Two
Hundred (200) Feet of infrastructure improvements financed in
whole or in pazt by the Oklahoma Depaztment of Commerce, State
of Oklahoma pursuant to the Community Development Block
Grant -Economic Development financing program shall pay for
their own utilities, yard lines, hooks-ups and other expenses in
connection to the City's utility systems in the areas served by said
program financed improvement;
B. Should an entity or person (household) that is connecting to the
City's utility system that has been constructed from funds provided
by the Oklahoma Department of Commerce, State of Oklahoma,
pursuant to the Community Development Block Grant -Economic
Development financing program be determined to be an entity or
person (household) that is defined as a low income household
under guidelines of the U.S. Department of Housing and Urban
Development L.M.I. income definition, then such connection shall
be paid for by the City of Owasso, Oklahoma.
Section Two (2). Each entity connecting to the City's utilities services that have been
constructed in whole or in part by funds provided by the Oklahoma Depaztment of Commerce,
State of Oklahoma, pursuant to the Community Development Block Grant -Economic
Development Financing Program shall provide employment and beneficiary information as
required by the Oklahoma Depaztment of Commerce on a quarterly basis for a minimum period
of time starting with the date the Oklahoma Department of Commerce, State of Oklahoma,
awazds the Community Development Block Grant -Economic Development funds to the City
of Owasso, Oklahoma, and ending one (1) yeaz after the physical completion of the so funded
infrastructure public improvements and close-out of the project.
Section Three (3). The provisions hereof shall be codified as Chapter 4, Mandatory
Connection Ordinance of Part 17, Utilities, of the Code of Ordinances of the City of Owasso,
Oklahoma.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 1995.
By:
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
Charles L Burris, Mayor
2
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
TUESDAY, DECEMBER 5, 1995
a
4
The Owasso City Council met in regular session on Tuesday, December 5, 1995 in the Council
Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 4:00 p.m. on Friday, December 1, 1995.
ITEM 1: CALL TO ORDER
Mayor Burris called the meeting to order at 7:01 p.m.
ITEM 2: INVOCATION
The invocation was given by Robert Carr, Public Works Director.
ITEM 3: FLAG SALUTE
The flag salute was led by Mayor Burris.
ITEM 4: ROLL CALL
PRESENT
Charles Burris, Mayor
Danny Ewing, Vice Mayor
Michael Helm, Councilor
Joe Ramey, Councilor
ABSENT
Mary Lou Barnhouse, Councilor
STAFF
Rodney J Ray, City Manager
Ronald D Cates, City Attorney
Marcia Boutwell, City Clerk
A quorum was declared present.
ITEM 5: READING OF MAYOR'S PROCLAMATION.
Mayor Burris read a proclamation denoting Friday, December 15, 1995, as "Lights On For Life
Day" in the City of Owasso. The proclamation was presented to Sgt Randy Brock and Officer
Darryl Jones of the Owasso Police Department.
Owasso City Council December 5, 1995
ITEM 6: REQUEST APPROVAL OF THE MINUTES OF NOVEMBER 21 1995
REGULAR MEETING.
Mr Ramey moved, seconded by Mr Helm, to approve the minutes as submitted, by reference
made a part hereto.
AYE: Ramey, Helm, Ewing, Burris
NAY: None
Motion carried 4-0.
ITEM 7: REQUEST APPROVAL OF THE CLAIMS
Mr Ramey moved, seconded by Mr Ewing, that the following claims be approved: (1) General
Fund $21,941.98; (2) Ambulance Service Fund $695.72; (3) E-911 $1,842.87; (4) City Garage
$1,493.02; (5) Capital Improvements $4,069.58; (6) Capital Projects Grant $3,923.95;
(7) Interfund Transfers $25,887.50; (8) General Fund Payroll $103,970.96; (9) City Garage
Payroll $2,063.85.
AYE: Ramey, Ewing, Helm, Burris
NAY: None
Motion carried 4-0.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO
ORDINANCE #517. AN ORDINANCE AMENDING PART 15 CHAPTER 3
SECTION 15 OF THE OWASSO CODE OF ORDINANCES ADDING A NEW
SECTION PROHIBITING LOUD SOUND AMPLIFICATION SYSTEMS
FROM A MOTOR VEHICLE. PROVIDING FOR DEFINITIONS AND
PENALTIES. REPEALING ORDINANCES IN CONFLICT AND
DECLARING AN EFFECTIVE DATE.
Chief Alexander presented the background on this item. Complaints have increased over the
past several months relating to extra loud music coming from vehicle music systems. The City
Attorney prepared an ordinance which would make it an offense to operate or permit the
operation of any sound amplification system from a vehicle so that the sound is plainly audible
at a distance of 50 or more feet from the vehicle. Under the ordinance, any person convicted
of its violation shall be subject to a $50.00 fine. Enforcement will be at the discretion of the
police officer and will be used in extreme cases when warnings have not been obeyed. Mr Helm
moved, seconded by Mr Ramey, to approve Ordinance #517.
2
Owasso City Council
AYE: Helm, Ramey, Ewing, Burris
NAY: None
Motion carried 4-0.
December 5, 1995
~ ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR AN APPROPRIATION OF ADDITIONAL FUNDS FOR THE
' PURCHASE OF A 1996 POLICE VEHICLE.
On November 7, 1995, the City Council approved an expenditure of $16,492 to Quality
' Chevrolet for the purchase of a 1996 Chevrolet Caprice through the state bid process. The 1995
vehicle that was ordered for our department was sold to another department because our fiscal
year had not begun at that time. Several options were deducted from the price of that particular
' vehicle. The options were not deducted from the 1996 vehicle that we received, making the
price $16,752, or a difference of $260. Mr Helm moved, seconded by Mr Ramey, to authorize
the expenditure and payment of $260 to Quality Chevrolet, Yukon, OK, for the remainder of
the purchase price for one 1996 Chevrolet Caprice.
AYE: Helm, Ramey, Ewing, Burris
NAY: None
The motion carried 4-0.
~ ITEM 10: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
' REQUEST TO DECLARE CERTAIN PROPERTY AS SURPLUS TO THE
NEEDS OF THE CITY AND AUTHORIZE THE DISPOSAL OF SUCH
PROPERTY BY PUBLIC AUCTION.
' The police department has custody of several weapons which have come into their possession
in various ways and have been in their custody for at least six months. The weapons cannot be
' used by the department in any official capacity, and the presiding judge stipulated that they
cannot be sold to the general public. They may be offered for sale or trade to licensed gun
dealers in exchange for equipment which may be used. Before that can be done, the City
Council must declare the property as excess to the needs of the City. Mr Ewing moved,
seconded by Mayor Burris, to declare the weapons described on Exhibit "B" of the background
material as excess property of the City of Owasso, and to approve their sale or trade to certified
gun dealers.
3
Owasso City Council December 5, 1995
AYE: Ewing, Burris, Ramey, Helm
NAY: None
Motion carried 4-0.
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ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST TO PURCHASE A RIDING LAWN MOWER
The 36-inch cut riding lawnmower used at Fairview Cemetery is nine years old and requires '~
numerous repairs. The 60-inch Gravely mower is utilized when possible, however, the smaller
mower is required to mow between headstones and in areas too confined for the Gravely.
Quotes were obtained from three local vendors on five models of mowers. The lowest quote
was received from Standard Auto Supply of Owasso .fora 36-inch mower in the amount of
$1850. This quote represents a discount of $700 from the list price. Funds are available in the
Machine and Equipment portion of the Cemetery budget. Mr Ramey moved, seconded by
Mayor Burris, to approve the purchase of a 36-inch Regent riding lawn mower from Standard
Auto Supply, Owasso, OK, in the amount of $1850, and authorization for payment. ~,
AYE: Ramey, Burris, Helm, Ewing
NAY: None
Motion carried 4-0. ,~
ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AN
ENGINEERING SERVICES AGREEMENT FOR THE 86TH STREET NORTH
AND MAIN STREET ROADWAY IMPROVEMENTS.
The 1995-96 Capital Improvements Program includes an arterial street construction project at
86th St N from Main St to N Cedar St. $30,000 was allocated to cover engineering services,
right-of--way acquisition and utility relocation. Staff sent proposal information to twenty
engineering firms, and received responses from five firms. The qualification statements were
evaluated by a review committee, with three being identified as "Qualified and Highly
Responsive Firms". Those three firms then submitted a scope of services and fee proposal,
which were then evaluated by the review committee. Although HUB & Garver submitted the
lowest fee proposal, their proposal did not contain surveying expenses, as did FHC's. Therefore
staff recommended that FHC Inc be awarded the agreement for engineering design services for ~
this project. Mr Ramey moved, seconded by Mr Helm, to approve an agreement for
engineering design services with FHC Inc, Tulsa, OK for design of the 86th St N roadway ~"
improvements, in the lump sum amount of $28,486, and authorization for the Mayor to execute
the agreement.
a '
Owasso City Council
AYE: Ramey, Helm, Ewing, Burris
NAY: None
Motion carried 4-0.
December 5, 1995
ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
R~UEST TO DESIGNATE THE MAYOR AS THE CITY'S CERTIFYING
OFFICER AS PROVIDED FOR BY THE NATIONAL ENVIRONMENTAL
POLICY ACTION OF 1969 FOR THE PURPOSE OF SIGNING CERTAIN
DOCUMENTS TO COMPLETE THE REQUIREMENTS OF THE PRECISION
COMPONENTS CDBG ED PROJECT.
This item is the first in a series of steps on the agenda that must be taken in order for the
Oklahoma Department of Commerce (ODOC) to release the CDBG funds for the infrastructure
improvements connected with the Precision Components site development. Each step requires
formal action by the Council, however they are considered to be "house cleaning" type actions.
Federal and state regulations require that each grant recipient designate a certifying official,
typically the chief elected official (mayor). Mr Ramey moved, seconded by Mr Ewing, to
designate the Mayor as the City's certifying official for documents required by the CDBG Grant
and authorized by the Council.
AYE: Ramey, Ewing, Helm, Burris
NAY: None
Motion carried 4-0.
ITEM 14: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
RE UEST FOR CITY COUNCIL APPROVAL OF A FINDING OF NO
SIGNIFICANT IMPACT ON THE ENVIRONMENT FOR THE PRECISION
COMPONENTS CDBG ED PROJECT.
' This is a finding that the project is not a major federal action which will have a significant effect
on the human environment and that a request to the State for the release of project funds will
' not require an Environmental Impact Statement. Mr Ramey moved, seconded by Mr Ewing,
to approve the INCOG reports and Finding of No Significant Impact on the Environment as a
result of the Precision Components infrastructure project, and that the Mayor be authorized to
~ execute the document.
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Owasso City Council
AYE: Ramey, Ewing, Helm, Burris
NAY: None
Motion carried 4-0.
December 5, 1995
ITEM 15: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REOUEST FOR COUNCIL APPROVAL OF A FINDING OF EXEMPTION
FOR ADMINISTRATIVE AND ENGINEERING COSTS FOR THE
PRECISION COMPONENTS CDBG ED PROJECT
This finding is that the administrative and engineering services for this project are exempt from
the requirements of the National Environmental Policy Act of 1969. The Finding of Exemption
has been signed by Andy Armstrong of the INCOG staff. Mr Ramey moved, seconded by
Mr Ewing, to approve the certification of exemption of administrative and engineering services
from the requirements of NEPA and authorize the Mayor to execute the documents.
AYE: Ramey, Ewing, Helm, Burris
NAY: None
Motion carried 4-0.
ITEM 16: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REOUEST FOR CITY COUNCIL AUTHORIZATION FOR THE MAYOR TO
EXECUTE THE ENVIRONMENTAL CERTIFICATION AND REQUEST FOR
RELEASE OF FUNDS AS REQUIRED TO GAIN A RELEASE OF FUNDS
FOR THE PRECISION COMPONENTS CDBG ED PROJECT.
The Environmental Certification is a document which identifies that the City has carried out its
responsibilities for environmental review in accordance with all state and federal regulations and
that it has been determined that a full Environmental Impact Statement is not required. It states
that the preceding three items have been completed; and the Request for Release of Funds is a
document that identifies that the City has completed all the requirements of the grant.
Mr Ramey moved, seconded by Mr Ewing, to authorize the Mayor to execute the Environmental
Certificate as required by grant conditions, and to execute a Request for Release of Funds as
required by the grant conditions.
AYE: Ramey, Ewing, Helm, Burris
NAY: None
Motion carried 4-0.
6
Owasso City Council December 5, 1995
ITEM 17: REPORT FROM CITY MANAGER.
No report.
ITEM 18: REPORT FROM CITY ATTORNEY.
No report.
ITEM 19: REPORT FROM CITY COUNCILORS.
No report.
ITEM 20: UNFINISHED BUSINESS.
Mr John Groth expressed his appreciation to city staff for the "lights on" ceremony at Friendship
Park. Mr Ray clarified item #16 on this agenda, which actually contains two separate actions.
The item numbers in the background information do not correspond with the agenda numbers.
Council indicated that they understood.
ITEM 21: NEW BUSINESS
None.
ITEM 22: ADJOURNMENT.
Mr Ewing moved, seconded by Mr Ramey, to adjourn.
AYE: Ewing, Ramey, Helm, Burris
NAY: None
Motion carried 4-0, and the meeting was adjourned at 7:42 p.m.
Charles L Burris, Mayor
Marcia Boutwell, City Clerk
7
OWASSO CITY COUNCIL
MINUTES OF SPECIAL MEETING
MONDAY, DECEMBER 11, 1995
The Owasso City Council met in special session on Monday, December 11, 1995 in the Lower
Level Conference Room at Owasso City Hall, 207 S Cedar, per the Notice of Public Meeting
and .Agenda posted on the City Hall bulletin board at 9:00 a.m. on Thursday,
December 7, 1995.
ITEM 1: CALL TO ORDER
Mayor Burris called the meeting to order at 6:40 p.m.
ITEM 2: ROLL CALL
PRESENT ABSENT
Charles Burris, Mayor
Danny Ewing, Vice Mayor
Joe Ramey, Councilor
Mary Lou Barnhouse, Councilor
Michael Helm, Councilor
STAFF
Rodney J Ray, City Manager
A quorum was declared present.
ITEM 3: DISCUSSION OF ISSUES OF IMPORTANCE TO THE CITY OF OWASSO.
A general discussion of issues of importance to the City of Owasso took place. No action was
requested and no vote taken.
ITEM 4: ADJOURNMENT
Mr Ramey moved, seconded by Mr Helm to adjourn.
AYE: Ramey, Helm, Barnhouse, Ewing, Burris
NAY: None
Motion carried 5-0 and the meeting was adjourned at 8:17 p.m.
Charles L Burris, Mayor
Marcia Boutwell, City Clerk
CITY DF OWASS~
GRNRRAt. FUND
1?/15/95 11:31:4? A/P GI.AIMS RRPt1RT APAPVR PAGE:
PG # VRNDnR DFSGRIPTInN AMnUNT
----------
MANAGRRIAi. ------------------------- ------------------------- --- ----------
961072 OFFICR DFPt1T CARD PLAN C-FFIGR StJPPJ.IFS 16.8?.
961184 t.ELA DAVIS ~:ATRRING SRRVI RMP RR~nGHITInN-MEALS 1,510.50
961193 GO SYSTEMS FUET. 11./95 47.97
' 961213 CITY MANAGRMF,NT ASSnt~IATI CITY MGR DUES 190.(15
961215 SUBURBAN (1FFICF S[iPPI-Y FMP RFCOGNITI(1N 17.50
961215 SUBURBAN GFFICF SUPPt.Y nFFICR SUPPT.IFS 11.90
' 961235 KIMRAT.I. ACR HARDWARE WINTER WnNDFRI.AND 1.03.73
961253 SUBIIRRAN CFFIrF SUPPt.Y RMP RRrnGNITInN StiPPLIRS 48,75
961258 Ht7RI3Y L(1RRY PH(1T[1 FRAMING 77.48
' 961259 DAY TIMRRS IATr, nFFICF StiPPLIRS 36.90
961260 OMI. DISTRICT HEFTING 20.00
961292 TREASURER PETTY CASH WINTER WnNnFRLAND 51..84
961292 TREASURER PRTTY CASH WINTER Wt1NDFRI.AHD 61.64
961292 TRRASI)RRR PRTTY rASH REIMS MIt.RAGR 29.52
961292 TREASURER PETTY CASH MFRTING EXPENSE 86.24
961301
961309 CT.ASS ACT
CUST(1MCRAFT F,MP RfiCAGNITInN-SUPPLIES
REC
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961311 nWASS~1 rHAMRF.R nF CnMMRRC TIGKRTS/MISS nWASSn ]20.00
DF,PARTMF.NT TnTAt, ____} 3,794.34
FINANCR
960006 CPS BUSINRSR, INC, I.ICFNSR FFRS ?].7.44
~
960367 nFFICR MAX nFFIGR SUPPt.IRS 3.56
961072 OFFICE DRPOT CARD PT.AN OFFICE StiPPT.IRS 23.46
961214 Snt.UTInNS BRNF,FiTS PtJBt,IC:ATIniz ?5,44
96]263 D(17IER PRINTING PRINTING 50.04
~ 9bi292 TREASURER PRTTY CASH RRIMB PETTY GASH 7.52
961292 TREASURER PRTTY CASH RFIMR MJT.EAGR 24,84
DEPARTMRNT TnTAt. ____} 347,38
CnMMUNITY DRVRI.OPMENT
------------------------------
964116 T(1I..SA COUNTY MIS DT. AI--UP SRRVIt'F 40,04
' 961072 nFFICR DRpnT CARD PT,AN nFFIrR S[1PPLIRS 6.99
961.143 HIGHTECH SiGHS DRPT SIGN 26,75
961193 Gn SYSTEMS FiTF,T, 1.1 /95 131, 36
961]94 CITY GARAGE VRHICI.F REPAIRS 11!95 75,5?
961792 TRF.AStiRRR PRTTY r.,ASTi RRIMR PRTTY rASH 5.00
961,'_92 TREASURER PRTTY CASH RFIMTi PRTTY CASH 13.97
3
CITY ~F GWASS~?
GFNFRAI• FUNn
12/15/95 11:31:42 A1P CT,AIMS REPORT APAPVR PArF,:
Pt1 # VFNDf1R nRfiCRIPTION AMC-tiNT
---------- ------------------------- ------------------------- -------------
9b1292 TREASURER PRTTY CASH RRIMR PRTTY CASH 2.9b
961292 TREASURER PETTY CASH HEFTING EXPENSE 5b.81
DEPARTMENT T~7TAT, ____> 359.3b
MUNIC'IPA1. GCIURT
------------------------------
960367 CIFFICF MAX OFFICR StTPPI.IFS 5,19
960851 DEPT CIF PUBT,TC SAFETY 1995 TITT.E 47 37,50
961072 t1FFICF DRP(1T CART1 PLAN CIFFICE SUPPI.IFS 9,99
DEPARTMENT TnTAT, ____> 5a.[,A
ENGINEERING
9b1022 KIMRAI.I. ACR HARiTWARR (1PRRATING SITPPI.IFS .99
961072 OFFICE DEpT]T ~;ARD pt,AN OFFICE SUPPLIES 41.35
961.185 TfiRRA TF1.RC(-M TRLEPHfiNR 190 , 00
9b1193 r,T~ SYSTEMS FtJEt, 11/95 67,71
961194 CITY GARAGE VFHICI.R REPAIRS 11/95 2.34
DEPARTMENT T~?TAT, ____> 302,37
GENERAL. GOVRRNMRNT
------------------------------
960004 RO?iA1.D P CATRS RRTAINRR 700.00
960004 R~NAT,D D CATES SERVICES 687.50
960413 ST FRANCIS H(1SPITAI.-RAP EMP ASSISTANCR PRGGRAM 204.00
9b1072 T]FFIr,E pFpGT CARD PT,AH SFFICT: SUPPT,IES bb.li
961132 AT&T WI}?R1.FSS SRRVICFS PHSNR USR-MAYf1R 9195 104,32
961132 AT&T WIRET.EGS SERVICES PHnNE USE-MAY~1R 10./95 Sib.73
961193 GO SYSTEMS F1iF1- 11!95 137.35
961194 rITY GARAGE VEHIr..r,E REPAIRS 11195 157.54
9b1227 E1.FK-TRK PRINTRR RIRRCINS 106.27
961229 T7KT,AHDMA SAFETY CDCTN+'IT, MEMBERSHIP DT1ES 1996 i50.On
96123b IIIANE HIIISC-N INSURANCE. nRnUCTIRI.F 1.4R,3g
9612b1 MI.REX Ct1RP COPIER MAI1iTENANCE 151.50
961293 TREASURER PRTTY CASH RRIMR Dt~C M1=Ai.S 2:1.31
DF,PARTMENT TDTAT, ====1 2,951.01
4
MAINTENANr_.F
------------------------------
CITY OF CIWASR(1
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12/15/95 11:3]:4?
A/P rI.AJMfi RFPCIRT APAPVR PAGR: 5
PQ # VF,Ni?GR 11FSGRIPTIGN AMGUNT
- --------- ------------------------ - ------------------------ - -------------
960345 t)A1,F, & i,F,F, SERVICE RFPAiR HEATER 100.00
961189 YAI.F. UNIFt1RM P.RNTAI. UNIFnRM C:1.RAN/RRNT 26.40
' 961193 Gt7 SYSTEMS FtIF,T, 1,1/95 81
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---------
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T)F,pARTMFNT T~TAT. ____? 136.21
CEMETERY
------------------------------
"~ 961193 GO SYSTEMS FUFI. 11%95
961291 STAN>)ARn AUTO Silppr,Y RiniNG MGWFR 1215/95
^
^ i)F,PARTMFNT TQTA.1, _ _ _ _
P(1I.ICR SERVIGFS
------------------------------
960030 AT&T WIRRI.FGR GFRVICFS PH(1NR USR-Ai.i.
960033 H(IWARD STAMPER RRTAiNRR/SBRViCES
960034 WESTFR1i BUSINESS PRGnUi'TR Gt1PIER MAINT
' 960039 L1S T1;T,F,/PAGE, INC. PAGER USE,
960367 CIFFIGE MAX t1FFICE SUPPI.IRfi
961045 SIGMA CHEMICAT. SCENTS/CANINE TRAINING
961072 f1FFICR nFPOT CARP PLAN t1FFICF SLTPPI.IFS
961100 TUXAT,1, UNIFGRM & FG[JIp EGt1IPMRNT!Ni<W VFHICT,T;
961139 KIMBAI.I. A['R HARTtWARF MAINTFNANC:F. S1.1PPI.IRR
961152 CT.ASSIC CHfiVRni,F,T VT;HIr..i,T: REPAIRS
961193 GC1 SYSTEMS FUFI. ]. ] /95
961194 CITY GARAGE VF,HI~T,F REPAIRS 11/95
961237 AT&T PAGER-GANG (iFFIC'RR
961240 BUSINESS FRfID[iCTS 8~ SYSTF PART/17ARE C1IMPTJTFR
' 961241 CHAHUTE RAnAR SRRVIGE RATIAR I1AGH RRACKRT
961?.48 PHILi.IPS PGLICE F~3UIP tIPERATING SIIPPi,IRS
961251 PATRt1I. TFCHN(1I.(1GY (TNIF(1RMS/RUPPI.IRS
' 961252 QWASSr] VET HGSPITAi, F[lh0/NICK
961262 KIMRAI.I- ACF H.ARnWARF MAINTENANCR SITPPI.IFR
961278 FAST Tt1T,SA nr]T)GT: T)GGR PANEL
. 961279 CHANUTF RAnAR SRRVT('F. RATIAR RRPAIR
i)RPARTMENT Tr7TAT, ____)
PC1I.It'E C(1MMUNI!'ATIGNG
------------------------------
°~' 950029 WEPT OF PLIRT.I1' SAFETY C~I.FTfi P.FNT
9h1274 AFPT GF PURI,TC SAFETY t1T,F,TS TRAiNiNG
^
19.45
1,850.00
1,869.45
242.91
150.00
175.60
129.50
52.53
42.76
92.38
588.42
59.20
148.28
1,553,36
699.54
23.04
113.00
29.50
4$.95
10.25
3n,36
54,55
320.00
206.85
4,770.98
350.00
131,`0
PITY GF CIWASSn
GENF,RAr, FC1Nia
1?/15/95 11:31.:42 A/P G1.AIMS RFP(1RT APAPVR PAGR:
Pi? # VEHnr7R DESCRIPTIGH AMi1UNT
---------- ------------------------- ------------------------- -------------
961275 TULSA RF,GI(]NAr, MEDiCAr, rE Br,l7(1p TEST/PRIS~INER 25.00
BEPARTMENT Tt]TAr, _ _ _ _ ) 546. SQ
ANIMAr, Ct?NTRGI.
------------------------------
961.252 C)WASRt1 VET H{1fipITA1. RABIES EXAM/RIITHANAGIA 73,11(1
13EpA.RTMENT Tt7TA1 =___) 73,00
FIRE SERVIr..ES
------------------------------
960152 US TET.E/PAGE, INr. PAGER URF. 33.40
960367 GFFIrF MAX (1FFICF, Sirppr,IES 5.19
960563 COPI GT1[rRC:F INr. r.C-PIRR I.FASF 154.00
960608 PARTS PLUS SUPPLIES/REPAIRS 99.93
961193 Gt- SYSTEMS FUR1• 11/95 327,8(1
9bi21b nVERHEAn nnnR r~MPANY EMER RAY Ot1~R REPAIR 103.50
9b1246 OFFICR I?RP(tT CARP PLAN CIFFIC'E SUPPI.IRG 176.96
961276 CLIFFt7Ri) PT]WER SYSTEMS GBNERATGR/ENGINE II 995.On
9b1292 TREASURER PETTY CAGH RRIMR PETTY GAGH 8.Q0
961292 TREASURER PETTY GASH REIMB PETTY GASH 8.0~
961295 B & B SUPPLY t'I.RANRR/RUNHFR GEAR 144.40
>}EPARTMENT TGTAr. ____] 2,056.1!
STREETS
------------------------------
96(14(17 OWASS(1 I.rJMRRR ('(1 SirPPi.IFR i2/95 28,79
9b07h7 FLASHER rG., INC. RUMBr,F, STRIP/80TH&12(1TH 614.25
9biD22 KIMR.AI.1. AC:R HARnWARF CIPRRATING S?rPPI.IRfi 190.28
961072 QFFICE DEPGT CARD PLAN GFFICE SUPPLIES 3.99
961129 YALE UNIFnRM RENTAI. UNIFf1RM RENT/r.I.F AN 149.00
961.164 MUr.TIPLIER Cr1RP HAN>jPACK RAnIO BATTERY 88.42
961187 WEI.SCt1 INr ('YI.INnFR RRNTAI. 8.40
9611.87 WF,T,Sr_.8 INr ryr,INnER RENTAr, 34.61
961193 G{1 SYGTFMS FUEI. 11 /95 323 , 9;
961194 CITY GARAGE VEHICLE REPAIRS 11/95 213.69
961.277 Rf1MAR F.NTERPRISFG SIGN PAINT 81.36
961.292 TREASURER PF,TTY CASH REIMB PF,TTY CASH 16.66
1?EPARTMENT T~TAr. ____) 1,753,42
6
RFGP,FATIC7N CENTER
------------------------------
CITY C1F OW.ASGO
~ GENERAL. F11xn
~ 1?/15/95 11;31:42 A/P CLAIMS RRPORT APAPVR PAGE;
a
Pt? # VENDnR nESCRIPTI~N AMQUNT
"
960367 t?FFICE MAX GFFICF, SUPPt,IES 8,98
9b1072 OFFICE IIFPOT CARP PLAN OFFICR G[IFPI.IRG 8.79
a~
~
nEPARTMENT TOTAi, ____> 17,77
COMMUNITY GENTFR
~ ----------- ----------------- --
n
960341 MAC'fi HYTIRAUI.ICR RRPAIRR 78.00
ii
9b03b7 ~7FFICE MAX
961199 GARRRTT SIGNR
OF,PARTMENT TC1TAt. ____>
a
PARR MAINTRNANCF
961193 GO SYSTEMS
a. 961194 CITY GARAGE
961217 KIMRAI.1~ ACR HARTIWARR
~ 961292 TREASURER PETTY rASH
a
DF,pARTMENT T~TA1. ____?
~ ECONOMIC R
D
VEI.OPMENT
---------- --------------------
961072 OFFIGF TIRPOT CARP PLAN
9b12b8 nQ?IER PRINTING
~' 961292 TRFAStiRRR PETTY CASH
~ 961292 TREASURER PETTY CASH
961310 I.ONHIE HARTIIN
M
a
nEPARTMENT T~TAt, ____)
M
Q FUN>1 Tt?TAt. ____>
t
~TFFICE SUPPt,IES 13,88
VAN I.RTTRRIN~ 125.00
216.88
FUEL. i i /95 b0.71
VEHICi.E REPAIRS 11195 282,39
RRPAIR S[1PPT.IFG IOb.18
WINTER Wi1NDERt.AND 30.3?
479.60
GFFICF StJPPI.IRS 6,72
PRiNTING/rt1pIES 150.20
RFIMR PETTY CASH 3.05
MEETING EXPENSE, 25,00
RRIMR MILEAGE 11/95 77,33
'?6?.30
t.9, 949.43
7
CITY (1F t1WAS~Cl
AMRUI.ANt'E SFRVIt'F FUNT1
12/15/95 11:3].:42 A/P r,T,AIMS REPnRT APAPVR PAGE,:
Pf1 # VRNDt1R DR~CRIPTIf1N AMt1UHT
---------- ------------------------- ------------------------- -------------
9h1292 TRRA~[TRRR PETTY CASH
T)F,pARTMF,HT T~7TAi, _ _ _ _ }
FUNA T~TAT, _ _ _ _ }
REFUND (1VFRPAYMFNT 40.00
40.00
40.00
i
CITY C1F OWAfi~f1
~ F - 911
r 12/15/95 11:31:4? A/P CI.AIMR RFP(1RT APAPVR PAGE:
PO # VF,HnGR DFSCRIPTInH AMOUNT
pOi,I rF Ct]MMUHI c;AT IONS
y 96].238 Rt11.AY MCIRII.ECCIM ING RAnIC- RFPAIRG 68.Od
9b1242 MICHAF,i, KNFBFT. HARD DRIVE RFpi,A~F,MFNT
9b1249 RI1.1•G CC1MMtiHICATI(1NR RAF1I(1 RRPAIR
961251 PATROi, TBCHNOi,Or,Y Fi,ASHi,IGHT/r,HARGBR
961273 C(1MPUTER CITY C[1RPt1RATE S MnNITOR!I.INK SYSTEM
DFpARTMFNT TOTAi, ____>
FLiND TDTAt, ____~
100.00
103.1?
95.50
2?9.92
b46.59
646.59
2
~zTY t1F awAGSn
r..APiTAT, IMPF.GVEMFt[TS
i?I15/95 11:3].:42 AIP t'I.AIMP RRP(1RT APAPVR PAr,R:
PQ # VF,Ht}TiR DESr,RIPTIt1N AMr1UHT
---------- ------------------------- ------------------------- -------------
STRF.F,TS
------------------------------
910?8 H11GHFfi I.UMRFR Ctr
9612?2 ~]WASSD r,trMRi;R rr1
9612,'_3 MAXWFI.I. RUPPI.Y (1F TUI.R.A
961225 RAINfit]W r..nNr,RFTF GG
961302 RFTHRI. R.APTTST CH[1R~H
DF,pARTMFNT T17TAr. ..-_)
FUND T~TAi, _...~
S[rPPT.IRR 19TH/T1(rGWtlfrll
SUPPr,iF,S 19TH/Dt1GWt7GD
rfiNrRFTR CUR.F. RI.ANKFTR
c;~Nr..RFTF 19TH/Dt1r,WGGD
RIrHT-(1F-WAY
410.15
59.14
240.00
748.50
9R0.On
2,437.79
2,43?.79
12
P'
CITY C1F DW.ASSfI
~ rAPITA1. PROJECTS GRANT
~ 1?/15195 1.1:31:42 A/P CLAIMS R1=Pf-RT APAPVR PAGE:
~,
P~ ~
VEHi?GR
nESrRIPTIGH
AM~?UNT
~. GDBG
SP C
(I
,
-H ;
HTRA~T b592 EO 8?
---------- --------------------
9b41R3 SACK & ASS(1GiATRS, INC. FHGINRRRIHG/NSP 2-21-95 533.00
AEPARTMEHT TGTA~. ____> 533.00
~ -------
d, F[1HD TGTA1, ~
____ 533.00
GRAH>1 TCTAT. ____> 546,3?0.89
i3
CITY OF OWARSCI
r,ITY GARAr,E
1?f15/9S il:'~1:42 A%P Ci.AIMR REPt1RT APAPVR PAGE:
P~ # VENt?~1R nESr,RIPTInN AMGUNT
---------- ------------------------- ------------------------- -------------
CITY GARAGE
------------------------------
9f~1180 T&W TIRE. C'0 1-C1nA1. TTRRR
961187 WEt SGT INC; r..yt,ZNnER RENTAL,
961189 YALE UNIFt1RM RRNTAJ. CiNIF(iRM GT.RANfRRHT
9b1190 INTERSTATE BATTERY SYSTEM RATTERiES
9bi191 PARTS Pi.US (1PRRATING SUPPT.IFR
9b1191 PARTS Pt,US PARTS
9b1192 MAXWRI.1. C1I1. Cf1RP C1II.fFi.UInS
961292 TRRASURF,R PETTY r,ASH REIMR PF,TTY SASH
961292 TRFASURRR PETTY CASH RRPAIR PARTS
1)F,pARTMENT T~}TAt, ____>
FUNn Tr1TAt, ____?
7$f,,$?
29.40
74.40
5.7,95
20.9l~
4'.1.09
215.40
21.`9
25.00
1,b02,63
1,b02.b3
it
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 12/09/95
DEPARTMENT
OVERTIME TOTAL
EXPENSES EXPENSES
Finance 0.00 5,769.88
Municipal Court 0.00 1,259.50
Maintenance
0.00
557.63
Central Di
589.52
360.62
Fire 860.50 29,488.31
,•••••k .,n;:;.uv;•iii{i'•i:•:~:•$;•.:.~;:.::ii:•i:•$i$'•i:•;:iiiiiiiii::iiiiiiiiiiiiiiiiiii:::ititiii:•:•}'.ti'F, t>i$:•i:•:•:~:i:::•
'~:.p~•••~..M1 :............n.......... ...~f:?iiiiii}:iSii{;? r: ':iiii~~'l!~:{n:~i.'•}
v. ...... ,vv, ...vv~.......~.. .... .... n .................... n....... .
..:r ::.......,, . ~ ...... . .......... r.,...:.4}.;;i•i: iiii:viii}iiiiiiiiiiiiiiiiiiiyi:i::ti•X.....~..............................nr.:i;},\::::::::::.,t,.::::::::::::::::::::
Recreation Center 0.00 2,384.25
Park Maintenance 0.00 1,734.74
::..
'~,~.~' ~"~`~`,~ 4 >..::... ~ ~4 79 10~ .3~2,5~:'r>:
APPROVE 12/19/95
Mayor
Council Member
Council Member
CITY GARAGE
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 12/09/95
OVERTIME TOTAL
DEPARTMENT EXPENSES EXPENSES
Garage $0.00 $928.21
APPROVE 12/19/95
Mayor
Council Member
Council Member
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: REQUEST BY CITIZEN TO ADDRESS THE COUNCIL
REGARDING SPORTS ACTIVITIES
DATE: December 15, 1995
BACKGROUND:
Staff has received a request from Mr William S (Bill) Hackathorn to address the Council
regarding sports activities. Mr Hackathorn requested that two items be placed on the agenda;
however, since both items deal with sports-related activities, we have placed them under one
agenda item. The only information we have relating to Mr Hackathorn's request is contained
in the two pieces of correspondence from Mr Hackathorn (attached).
ATTACHMENTS:
1. Request from Mr Hackathorn to Address Council
2. Letter from Mr Hackathorn dated November 20, 1995
LLt. L.~ JJ wCl.! 1G• Cll 1U~ I CL IVV • 1il'JrJb 1-"V' 1 ....
1739 8vuth Carron
Tuhia, DklahomA 74119
Marsha Houtwell
City of Owazco
City H~11
Owasso, Ok 74055
Dear Ms. Qoutwell~
t3ua• (P1e) Se7-7113
Pia. (pla) P72~18
FAX (810) Sal-Ot$8
13 December 1993
I respectfully request the fallowing two items be added to the
agenda for the Gity of Owassa Council meeting to be ha-ld on
December 19th 1993.
I. SPORTg PARK PLANNING STATUS UPDATE, by the user committee.
Gouncil to be addressed regarding the status of plan for
completion of the Sports Park, by Bill Ha~ckathorn of the
F.O.R. and Rick Cook of the ~JWd55a Soccer Club.
II. REGtUES7 FOR INFORMATION AND NOTICE OF DISAPPROVAL OF PLAN
TO LEASE RECREATION CENTER TO PRIVATE CONTRACTOR. Council
to be questioned by citizens regarding this matter and why
such matter is being handled in secrecy.
Thank you for your cooperation. Please contact me if you have
any questions.
._ - sl ~ I
~cC ~.3 X995
/,Y~~aw ~aw~~~
C:~vt.~
WILLIAM S. (BILL) HACKATHORN~
Attorney At l.aw
Sincerely,
• \\
Bi11 Ha11 Hackathorn
Ra~~~~y R~~, pity M~~.
City of Owasso, City Hall,
Owasso, Oklahoma 74055
~ Dear Mr. Ray:
~Q Nav~~b~~ 1~~~
' I have had several people calling me and complaining that the
City is trying to "stab us in the back" regarding a negotiation
with the YMCA on the Recreation center. I don't know what is going
on, but I am afraid it is about to blow out of proportion. I
believe if the YMCA takes over the recreation center it will affect
the ability of the F.O.R. to put on our basketball and baseball
' programs.
Today I talked with Jan on another matter and she informed me
that the City of Owasso is indeed in negotiations with the YMCA at
this time and that the ball fields seem to be a part of the deal.
' I have thought about this a little bit. No one from the City
bothered to let us know about this or invite our involvement; our
baseball and basketball programs would be dramatically affected if
' this were to occur; the YMCA has made it pretty clear that their
intention is to take over the youth sports in Owasso.
I don't care so much what happens as far as my children are
concerned. One is out of the program and the other can do whatever
' is offered and get by for a couple more years.
But what about all the kids who can't pay to play? What about
the kids from the Baptist Children's Home who get to play ball for
' free because we understand their situation? I've been around the
YMCA program I've seen how it funds the smaller centers until
they get a base and then they just raise all the prices to make
' money to fund other small, new centers. Its good for the people
who can afford memberships but it is the end for those who depend
on their City and community for a place to go to get off the
street.
We are not financially able to compete with the YMCA, but we
should probably have that option. We are in the process of
planning a new recreation center at the Sports Park but we are
' worried now that the City will have its own agenda going in another
year which may cut us out of the new building as soon as it is paid
for. Therefore, we will put any such plans on hold.
As for the remainder of the Sports Farks, we have agreed orl a
~ general sketch and I will probably give it to David this week.
However, our number is wondering now about the security we have
felt ab ut having the the Sports Park to use in the future.
Per~iaps we need to change our direction and talk to the City
Council about doing a bond issue for the Sports Parks and including
an extra half million dollars for a new Center out there.
way, the YMCA can have the old Recreation Center and we will still
have place to play basketball.
supposed to tell Please let me know what I am
people to calm them down.
Sincerely
~~
_~
Bill Hackathorn
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: REQUEST BY CUSTOMER TO ADDRESS THE COUNCIL
RELATING TO WATER BII,L
DATE: December 15, 1995
BACKGROUND:
Mr Dwight Pedersen has requested an opportunity to address the Council regarding what he
' considers an excessive water bill for the month of August. Mr Pedersen has met with the staff
members responsible for utility billing and with the City Manager in an attempt to gain an
adjustment to his charges. In each meeting the facts have been reviewed and checked. Those
' reviews indicate no reason for the staff to believe the water usage billed is not accurate. In fact,
Mr Pedersen has consistently indicated he knows of no leaks on his property and does not
~ question the usage for the months before or after the month under review.
While it does appear that Mr Pedersen's usage for August is extremely high, a check of his
records indicates that he has had similar usage for one summer month in each of the preceding
years. In fact, Mr Pedersen's bill was adjusted in 1991 and 1992 because of his complaints.
The issue is simply one of business; Mr Pedersen used the water and he should pay for that use.
The meter at his residence has been calibrated and sent to the factory for testing. Those tests
indicate his meter registers at 96% accuracy, a level above the industry accepted- standards.
Those checks (tests) and our validation that the meter readings were accurate leave the staff with
no course of action but to deny Mr Pedersen's request for a rate adjustment.
Additionally, Mr Pedersen has requested that his meter deposit be returned "in accordance with
state and federal law. " In fact, there is neither state or federal law that requires the return of
municipal utility deposits or the payment of interest thereupon. Title 11, O.S., Section 35-102.1
and 35-107 clearly provide for the interest on municipal utility deposits to be placed in the
maintenance and operation fund of the city that owns the utility. Additionally, the law allows
the city to keep the deposit until service is terminated. However, OPWA Resolution #88-01,
adopted on March 1, 1988, has provided for Owasso to be one of the few cities to return utility
deposits even though state law does not require such refund. The Resolution allows the return
of a deposit after five years of service accompanied by a timely record of payment by the
REQUEST TO ADDRESS COUNCIL RELATING TO WATER BILL ,
DECEMBER 15, 1995
PAGE 2 ~
customer and a request for the return of the deposit. Mr Pedersen's utility service was initiated
on August 16, 1990, therefore he became eligible for a refund of his deposit on August 16, 1995
(4 months ago). By virtue of his request dated December 11, 1995, the staff is processing a
refund of his initial deposit.
COA~IlVIENT:
The purchase, delivery and sale of water must be conducted as a business. Those persons using ~
water must pay for that usage or be subsidized by all other customers. The business of
managing the sale of water must be accompanied by business decisions or the result will be to
jeopardize the ability of the system to finance its own operations and transfer funds to the
general fund. It is not the staff's desire to unfairly enforce the water rates and charges. In fact,
it would be much easier to simply adjust the bill of every citizen who complains about their ~
usage. We choose, however, to deal with our citizens as customers, realizing .that every
customer has a stake in the effective and fair administration of the rates. In this case, Mr
Pedersen used a product sold by the city. Most other customers had high usage in August due
to the lack of normal rain. Those customers paid their bill; Mr Pedersen should also pay his ~
charges. Mr Pedersen's history indicates a pattern of one month of high usage each year, and
tests reveal his meter is accurate.
RECOMMENDATION:
The staff recommends the Council take no action on the request by Mr Pedersen.
ATTACHIVIENTS:
1. Correspondence from Mr Dwight Pedersen
2. Excerpts from Title 11, Oklahoma Statutes
3. OPWA Resolution #88-O1
4. Water Use Reports for 93, 94 & 95
1
^ December 11, 1995
' ATTN: Marcia Boutwell
Executive Assistant
' To the City Manager
FROM: Dwight E. Pedersen
9515 E. 113th Street North
Owasso, Oklahoma 74055
I here by wish to be placed on the City Councils next meeting
' agenda, in re: to my September water bill, and previous
troulbles with my water bills of past.
I wish to discuss this matter with the Council, and to have
the Council take the appropriate action(s) to cease these
problems!
' Also I would like my Water Meter deposit returned, with interest
on said deposit, in accordance with State and Federal Law!
~~
Dwight E. Pedersen
i/' ;' ('~
J
_...... _ __.__.l~L.L~~..~.1~.'....=o......
~ ~~
f i g = � E ® 1 i m r"9 9 1 M M IK A M I l KA Ling
erect, construct and own all necessary poles, wire, lines,
pipelines, mains, channels together with necessary
appurtenances, apparatus and substations, and acquire
rights -of -way, and do all other things necessary and proper
in carrying on the business outside of the corporate limits
of the municipality to the same effect as it may now do
within the corporate limits of the municipality. Such
municipality may construct or acquire lines, pipelines,
mains or channels together with necessary appurtenances by
purchase or otherwise and may sell such service to any
person, firm or corporation outside of the limits of the
municipality. (Amended, effective 11- 1 -87).
V) payment of all charges due and connected with the service,
1\ or at an earlier date as may be allowed by the
4y municipality. If the deposit has not been claimed by or
,u refunded to a customer within one (1) year following
termination of the utility service to the customer, the
municipality shall send written notice to the customer at
b his last -known address stating that the deposit will be
paid over to the municipality unless it is claimed by the
customer within ninety (90) days of the date of the notice
is mailed by the municipality. The municipality shall
publish in a newspaper of local circulation a list of names
and last -known addresses of customers stating the deposit
will be paid over to the municipality if not claimed within
ninety (90) days. If the money is not claimed or refunded
SECTION 35 -102. REPEALED (Effective, 7- 1 -91).
\�
within the ninety (90) days, the amount of the deposit
shall be paid into the fund of the municipal utility for
SECTION 35- 102.1. PROCEEDS FROM INVESTMENT OF METER
which the deposit was collected, or into the general fund
DEPOSIT FUNDS
i
as may be determined by the governing body. No municipal
utility customer shall have a right to any claim or refund
The proceeds from any investments of meter deposit
on the deposit after written notice or publication and
funds and any other earnings therefrom shall be considered
expiration of the ninety -day period in accordance with this
to be irofit derived from the investment and shall be
section. (Amended, effective 7- 1 -91).
placed in the fund from which the operation and maintenance
expenses of the utility, for which the meter deposits
invested were collected, are paid. The investment of such
PART 2. SALE OR LEASE OF MUNICIPAL UTILITY
funds by the municipality shall in no manner impair its
obligation to any person, firm or corporation, to refund in
full any or all deposits theretofore or thereafter made.
SECTION 35 -201. SALE OR LEASE OF MUNICIPALLY OWNED
(New, effective 5- 4 -95).
PUBLIC UTILITY - APPLICABILITY -
CHARTERS
SECTION 35 -103. REPEALED (Effective, 7- 1 -91).
The provisions of this Section through 35 -205 of
this title relating to the procedure for selling or leasing
municipally owned public utilities shall apply when the
SECTION 35 -104. REPEALED (Effective, 7- 1 -91).
municipally owned public utility is to be sold or leased in
its entirety and its fair market value exceeds Ten Thousand
Dollars ($10,000.00). The provisions of this section
SECTION 35 -105. REPEALED (Effective, 7- 1 -91).
through section 35 -205 of this title shall not apply to any
sale of property of a municipality to the state or any
agency or county thereof or any sale or lease to a public
SECTION 35 -106. REPEALED (Effective, 7- 1 -91).
trust of which the municipality is the sole beneficiary.
Any municipality governed by charter, when authorized by
said charter, may sell, convey, or lease any public utility
SECTION 35 -107. REFUND OF UTILITY DEPOSITS -
owned by the municipality without conducting an election as
UNCLAIMED DEPOSITS
provided for in Section 35 -203 of this title. For purposes
of this section through Section 35 -205 of this title,
Money in the municipal treasury which has been
"public utility" shall be interchangeable with "public
acquired as a utility deposit from a customer of a
utilities, works and ways" and shall include municipally
municipal utility shall be refunded or credited to the
owned parks, lakes and recreation areas. (Amended,
customer upon termination of the utility service and
effective 5- 4 -95).
OWASSO PUBLIC WORKS AUTHORITY
OWASSO, OKLAHOMA
RESOLUTION NUMBER: 88-01
A RESOLUTION OF THE TRUSTEES OF THE OWASSO
PUBLIC WORKS AUTHORITY AUTHORIZING THE RETURN
OF UTILITY DEPOSITS PLACED WITH THE OWASSO
PUBLIC WORKS AUTHORITY FOR WATER, SEWER AND
SANITATION SERVICES TO THE CUSTOMERS OF THE
OWASSO PUBLIC WORKS AUTHORITY WHO HAVE
DEMONSTRATED TIMELY PAYMENT OF UTILITY CHARGES
TO THE OWASSO PUBLIC WORKS AUTHORITY FOR FIVE
(5) YEARS OR MORE.
BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS
AUTHORITY, THAT:
The Administrative Officers of said Authority are
hereby authorized to return unto customers of the Authority
utility deposits heretofore placed with the Authority for
purposes of securing the payment of water, sewer and
sanitation charges of the Authority to those customers of
the Authority who heretofore or hereinafter have, for an
uninterrupted period of five (5) years from the date hereof,
made timely payment to the Authority of all monthly charges
for water, sewer and sanitation services provided by the
Authority.
DATED this 1st day of March, 1988.
OWASSO PUBLIC WORKS AUTHORITY
ATTEST : By : ~/1i~
~ von E. Stockler, Chairman
Jule Buch~rfan,
Secreta /
APP&Ot/ED AS TO FORM:
Donald D. Cates
Attorney for the Owasso
Public Works Authority
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' MEMORANDUM
' TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
' FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
' SUBJECT: PURCHASE OF FRONT LOADER FOR FORD 2000 TRACTOR
DATE: December 13, 1995
~ BACKGROUND:
' The FY 95-96 Park Maintenance budget contained an allocation of $8,000 in order to purchase
a used tractor for the Owasso Parks Department (Pages 57-58). This item was requested
because of the need of a tractor with a large front end loader to perform many park maintenance
and repair operations.
Several different options were available to the staff to obtain a tractor with a front end loader.
In late-September, staff reviewed the possibilities of purchasing a used tractor with a front end
loader, trading in the existing Ford 2000 tractor m order to lessen the cost of the purchase, or
~ repairing the existing Ford 2000 and purchasing the front end loader.
Upon reviewing the three options, staff determined that a greater cost savings could be realized
by repairing the existing Ford 2000 tractor and purchasing the front end loader for the tractor.
In October, the Ford 2000 tractor was repaired by Jensen Ford Tractor, Inc. of Bartlesville,
Oklahoma for a total cost of $471.76.
^ Staff then solicited .bids for the purchase and installation of one front end loader with a 72"
bucket, a mounting kit, front pump and hoses, and a valve kit with joy stick controls. Three
' different companies responded to the bid request and submitted the following bids:
Tulsa Ford New Holland. Inc
(Ford Loader, 72" Bucket) ............................. $ 4,400.00
Jensen Ford Tractor. Inc
' (Ford Loader, 72" Bucket) ............................ . $ 4,163.00
(Farm Hand Loader, 76" Bucket) ......................... $ 3,604.00
~ EnloW Ford Tractor
Returned Bid Submittal Page with "No Bid"
i All bid sheets are attached for your information and review.
While the goal was to install a 72" bucket, Jensen Ford Tractor, Inc., also submitted a bid for ,
a 76" bucket at a cheaper price than a 72" bucket. Upon review of the submitted bids, it would
appear that the difference in prices between the submittals is lazgely due to the brand name ,
involved, not the size. Mr. Wazren has reviewed the Fazm Hand Bucket Loader with a 76"
bucket and has no concerns about its quality or ability to function in the capacity that it is
needed. It should be noted that while the 76" bucket does exceed qualifications, it does not '
represent a significant change in specifications.
Should the Council approve the bid submitted by Jensen Ford Tractor, Inc for the amount of '
$3,604.00, the Parks Depaztment would then have tractor equipment that is needed to perform
important maintenance and repair responsibilities at a total cost of $4,075.76; allowing the
remaining money to be prioritized into different projects.
RECOMMENDATION:
The staff recommends Council approval of the bid submitted by Jensen Ford Tractor, Inc. of
Baztlesville, Oklahoma in order to purchase and install per specifications a Fazm Hand Front
End Loader with a 76" Bucket for a total amount of $3,604. ~
ATTACHIVIENTS:
1. Bid Submittals
2. Complete Bid Specifications
ii
BID PROPOSAL -SUBMITTAL PAGE
FRONT LOADER
FORA 1976 FORD 2000 TRACTOR
FOR THE OWASSO PARKS DEPARTMENT
~~Oo ~
TOTAL BASE BID PER TECHNICAL SPECIFICATIONS $
I hereby acknowledge that I have read the specifications and that I am legally bound by
the statements on the Bid Proposal -Submittal Pages.
Signature
Sll c~~ s
Title
Address
~/ 9/ 9 ,~ /~'~~
(Tu'LS~ pN ~1/ // ~.
BID OPENING: MONDAY, NOVEMBER 27, 1995 X1:30 P.M.
COMPLETE AND ATTACH THE NON-COLLUSION BID AFFIDAVIT TO BID.
:-
M
NON COLLUSION BID AFFIDAVIT
STATE OF _ ~~ )
COUNTY OF ~"'~~5/~!- ) ss
/f'J-•4?K ~~«~~ , of lawful age, being first duly sworn, on
oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant
further states that the bidder has not been a part of any collusion among bidders in restraint of
freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with
State, County, or City officials or employees as to quantity, quality, or price in prospective
contract, or any discussions between bidder and any State, County, or Ciry official concerning
exchange of money or other thing of value for special consideration in the letting of a contract.
/i'J~9~K i3~~c ~w
Name: ~' `~'
~% ;~~1~
Signature
Subscribed and sworn before me this 2/ 5T day of l~hU~'tF3Fi2 199
Notary ublic
My Commission Expires:
~~~~s- 3r. l~l~'8
NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL
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BID PROPOSAL -SUBMITTAL PAGE
FRONT LOADER
FORA 1976 FORD 2000 TRACTOR
FOR THE OWASSO PARKS DEPARTMENT
O~
TOTAL BASE BID PER TECHNICAL SPECIFICATIONS $ 3 ~o O Sl
I hereby acknowledge that I have read the specifications and that I am legally bound by
the statements on the Bid Proposal -Submittal Pages.
Signature U
'r
T~
rr ~~. ~G-~
Address
~iou~ ~ ~~~~-5
~~ r~/~5~~ ~~~ ~~.' 7 ~Uo~ ~
BID OPENING: MONDAY, NOVEMBER 27, 1995 X1:30 P.M.
COMPLETE AND ATTACH THE NON-COLLUSION BID AFFIDAVIT TO BID.
CIYI ~ ~6Q~Q~
~c r ~
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1
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NON COLLUSION BID AFFIDAVIT
STATE OF ~~IC I ~~n ~ )
COUNTY OF W ~~ l ~- ~~~ ss
1
~CLJIC~. ~t'1~C~
of lawful age, being first duly sworn, on
oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant
further states that the bidder has not been a part of any collusion among bidders in restraint of
freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with
~ State, County, or Ciry officials or employees as to quantity, quality, or price in prospective
' contract, or any discussions between bidder and any State, County, or City official concerning
exchange of money or other thing of value for special consideration in the letting of a contract.
Name: (/ ! ~ ~~~~ ,gam
Signature
^
Subscribed and sworn before me this ~ ~ ~ day of ~~ ' 199~:~
~ ~
Notary Public
My Commission Expires:
~-4-y`~
NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL
City of Owasso
207 South Cedar
PO Box 180
Owasso, OK 74055
MEMORANDUM
TO: PROSPECTIVE BIDDERS
(918) 272-2251
FAX (918) 272-4999
FROM: MARCIA BOUTWELL, CONTRACT ADMINISTRATOR
SUBJECT: BIDS FOR ONE FRONT LOADER FOR FORD 2000 TRACTOR
DATE: November 1, 1995
The City of Owasso is accepting sealed bids for one loader fora 1976 Ford 2000 tractor for the
Owasso Parks Department. Bids will be accepted until 1:30 p.m. on Monday, November 27,
1995, at which time the bids will be publicly opened and read aloud. The BID PROPOSAL
SUBMITTAL PAGES and NON-COLLUSION BID AFFIDAVIT must be submitted.
See the enclosed bid packet for complete information. If you have questions concerning the
specifications, contact David Warren at (918)272-2251.
~~~~
t~~ - .
Enlow Ford Tractor, Inc.
7700 New Sapulpa Road
Tulsa, Oklahoma 74131
Phone (918) 224.1565
FAX (918) 227-2846
1(800) 324-1565
MONTY EDWARDS
CONTRACT DOCUMENTS AND BID SPECIFICATIONS
FOR
ONE FRONT LOADER
FORA 1976 FORD 2000 TRACTOR
NOVEMBER 1995
CITY OF OWASSO, OKLAHOMA
CONTRACT DOCUMENTS
AND
SPECIFICATIONS FOR
ONE FRONT LOADER
FORA 1976 FORD 2000 TRACTOR
CITY OF OWASSO, OKLAHOMA
Table of Contents
Notice to Bidders
Specifications
Bid Form
Bid Affidavit
NOTICE TO BIDDERS
~ Sealed Bids will be received by the City of Owasso at the Owasso
City Hall, Office of the Contract Administrator, 207 South Cedar,
' PO Box 180, Owasso, Oklahoma 74055 until 1:30 p.m. on the
27th day of November, 1995, and then at said Ciry Hall publicly
opened and read aloud. This will be for the furnishing of the
' following item:
One Front Loader fora 1976 Ford 2000 Tractor for the
' Owasso Parks Department per Specifications.
~ Further information and specification packets can be obtained by
contacting the Contract Administrator at Owasso City Hall during
regular working hours.
Envelopes containing bids must be marked to identify the item
being bid.
' The City of Owasso expressly reserves the right to reject all bids.
All bids will be considered irrevocable offers under conditions
specified in the bid for a period of thirty (30) calendar days from
and after the date herein for the opening of bids.
arcia Boutwell, Contract Administrator
November 1, 1995
SPECIFICATIONS
FOR
ONE FRONT LOADER
FORA 1976 FORD 2000 TRACTOR
GENERAL DESCRIPTION
The following is a comprehensive list of specifications for a front loader to be installed on a
1976 Ford 2000 tractor for the City of Owasso Parks Department. All components of this
equipment shall be new and of original manufacture.
GENERAL PROVISIONS
1. TAX EXEMPTION -Purchaser is exempt from payment of all federal, state, and local taxes
in connection with the purchase. Said taxes must not be included in bid prices. The City
will provide necessary tax exemption certificates upon request.
2. PRICING -The price submitted in any proposal shall include all items of labor, materials,
tools, equipment, and other costs necessary to fully prepare the equipment for delivery.
Any items of labor omitted from the specifications which are clearly necessary for the
proper delivery of the equipment, shall be considered a portion of such specifications
although not directly specified or called for in these specifications. Price quoted shall
remain effective for a period of thirty (30) days after opening of bids by the City.
3. WARRANTY - A standard manufacturer's and/or dealer's warranty shall be supplied to
cover replacement parts and labor costs. The manufacturer agrees to promptly replace any
part or parts which by reason of defective materials, workmanship, or installation, fail under
normal use. Such replacement must be free of charge to the owner. The City of Owasso
shall expect the dealer and/or manufacturer to have adequate stock of replacement parts
available to service the equipment within a reasonable time.
4. BIDS -The purchaser reserves the right to reject any or all bids and to waive any or all
technicalities, informalities, or other minor deviations from the bid document.
5. INSPECTION - An acceptance inspection shall be conducted between the supplier and the
City before delivery will be accepted. The inspection date shall be at the City's
convenience. All discrepancies noted during the inspection shall be remedied at the
supplier's expense, prior to payment.
6. PAYMENT - As with all municipalities in Oklahoma, payment must be approved and signed
on a claims list by the proper City authority. Payment shall be made only after complete
and acceptable delivery of the equipment, in accordance with these specifications. The
Owasso City Councilmeets regularly on the first and third Tuesday of every month.
1
' 7. PRIME CONTRACTOR RESPONSIBILITY - If final delivery of the equipment includes
the use of services of another company, the City of Owasso will hold the bidder responsible
' for those outside services.
8. PROPOSAL EXPENSES - Expenses for developing the proposal are entirely the
responsibility of the vendor and shall not be chargeable to the City of Owasso.
9. PRIOR INFORMATION -Any information which may have been released either orally or
' in writing prior to the issuance of this bid request shall be deemed preliminary in nature and
bind neither the City or Owasso nor the vendor.
10. VENDOR CONTRACT -Any proposal accepted will be incorporated into the contract
which the City of Owasso will enter into with the vendor.
' 11. PROPOSED COST - It is not the policy of the City of Owasso to negotiate the price after
the vendor is selected. The supplied bid form shall include a base bid for the specified
~ equipment. All bids delivered to the City shall be sealed and visibly marked SEALED BID.
12. CONTACT PERSON -Questions and clarification concerning this bid shall be made to
~ David Warren by calling (918)272-2251 Monday thru Friday 8:00 a.m. to 4:30 p.m.
TEC~INICAL SPECIFICATIONS
~ 1. ONE QUICK ATTACH FRONT LOADER FORA 1976 FORD 2000 TRACTOR,
INSTALLED. Must contain the following:
' a. Woods 195 Loader
b. Mounting Kit
c. 72" Bucket
' d. Valve Kit with Joy Stick Controls
e. Front Pumb and Hoses
2
MEMORANDUM
TO: RODNEY RAY, OWASSO CITY MANAGER
FROM: MICHAEL J. KNEBEL
SUBJECT: MICROCOMPUTER DONATION
FROM OWASSO PUBLIC SCHOOL
DATE: December 18, 1995
BACKGROUND
I have been requested to review and comment on Chief Alexander's December 19, 1995
memorandum concerning the Owasso Public School system's proposed donation of a microcomputer
system to the Owasso Police Department. This computer would be used by the DARE officer(s) to
enhance their program and by the entire department for computer training. The proposed system list
contained in the memo is somewhat incomplete and therefore this review will contain some
questions along with my comments.
GENERIC VERSUS NAME BRAND
There are several questions and concerns which are lessened by the fact that the system is a $1,500
item donated to the city. The first issue is the fact that the computer system is "generic" in origin.
An explanation of the generic and other types of original equipment manufacturers for
microcomputer systems follows.
Basically, there are now three tiers of microcomputer systems being sold. The bottom tier consists
of systems that are assembled using components from any vendor that has the lowest price per unit
at the time of assembly. Typically, many of these generic or store branded systems are full of
minor incompatibilities and have shorter functional lifespans. The reason for this is the lack of
consistency in the types of internal components used and the prohibitive costs of quality testing and
diagnostics tools. Furthermore, most of the generic system vendors are small retail shops with little
or no service policies for the long term.
The middle tier systems are generally manufactured by vendors that started out as generic vendors
and subsequently proved that they could build quality machines and provide quality service with a
low overhead price structure. Several of the middle tier vendors have been in business for more
than seven years, but the quality and technical support from this group is still erratic. Long periods
between the need for support and the correction of problems are common.
Lastly, there are the major name brand vendors. Manufacturers in this group invest large sums of
money into research and development for fully functional and compatible systems that will generally
last many years without problems or service. If a unit from a major vendor does ever need service,
there are generally several options for service and support. Sometimes the necessary support is
something as simple as the vendor supplying thorough and complete manuals with the system. In
the majority of cases for business usage the lower initial cost of "no brand" computer systems will
eventually be offset and possibly overcome by the ongoing costs involved with the time consuming
task of searching for service and/or system support.
QUESTIONS
What printer will be used for output and how will it be connected?
What are the functional specifications of the color monitor? (Frequency capabilities, dot pitch, etc.)
What is the central processing unit utilized in the specified system?
What is the "clock speed" of the central processing unit and system boazd?
What brand is the modem and do complete users manuals come with it?
What brand is the CD-ROM and do complete users manuals come with it?
Is a registered copy of the Operating System software and Microsoft Windows supplied and if so,
what version numbers?
Is registered modem communications software supplied and if so, what company wrote it?
What are the types of expansion capabilities for the system unit?
Is the system fully compatible with each of the multitude of network operating systems currently
available?
The answers to many of these questions are relevant issues with respect to the current Owasso
Computerization Task Force's work. Already, it is apparent that the task force will recommend full
connectivity between all of the city's computer systems. These connections can be severely
complicated by an assortment of nearly compatible microcomputer systems. Please note that an
automation survey for all city employees will be circulated after the first of the year and an update
of the task force's work will be forwarded to you within the next 30 days.
RECOn~IlVIENDATION
The microcomputer referenced in the Chief s memorandum could certainly be helpful in the current
functions of the Owasso Police Department. If set up and used properly, the enhancement offered
for little or no cost to the city is undeniably a bazgain from any perspective. Therefore, I also
recommend the acceptance of the donation of a computer system from the Owasso Public School
system.
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCII,
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: POLICY RELATING TO ISSUANCE OF CITY OWNED EQUIPMENT
TO ELECTED OFFICIALS
DATE: December 14, 1995
BACKGROUND:
~ Recent discussions (both public and private) relating to the legality and appropriateness of issuing
city owned equipment to elected officials has prompted me to seek both a legal opinion and a
Council policy in an effort to avoid future problems or concerns. Pursuant to discussions with
individual members of the City Council, I requested on November 28, 1995 a City Attorney's
~ opinion in answer to the following questions:
1. May the municipality provide unto its elected officials equipment, materials, supplies
or services purchased or paid for by the municipality for use by the elected official
solely for municipally-related purposes?
and;
2. May the municipal elected official provided such equipment, materials, supplies or
services purchased or paid for by the municipality utilize such equipment, materials,
supplies or services for a private purpose, provided the municipal elected official
reimburses the municipality the proportionate cost of such equipment, materials,
supplies or service as equals the private use.
On December 4, 1995, Mr Cates issued City Attorney Opinion #95-OS wherein he stated in
answer to question #1 that the city could provide city owned equipment to elected officials
"solely for municipal purposes". However, in response to question #2 Mr Cates answered that
such equipment could not be utilized for any private purpose even if the elected official
reimbursed the city for such use.
After reviewing the opinion with the City Attorney and various staff members, it is my belief
that the City Council should adopt a policy that states the intent and will of the Councilors as
it relates to this subject. I do not believe the City Manager or other staff members should be
POLICY STATEMENT/CITY OWNED EQUIPMENT
DECEMBER 14, 1995
PAGE 2
placed in a position wherefrom they would be expected to police the actions of the Councilors
or subjectively enforce rules applying to the Council. Therefore, it appears that a viable solution
to the problem at hand would be for the City Council to adopt a written policy that would
govern how Councilors could be authorized to have possession of city equipment. Obviously,
the City Manager is the appropriate custodian for the city's property and equipment. It is,
therefore, appropriate to either authorize him/her to issue that equipment to any person for any
legal purpose, or to restrict the Manager's authority so as to prevent the issuance of equipment
to certain groups or individuals.
In anticipation of the Council's desire to adopt a written policy, two options have been developed
for consideration. One option limits the authority of the City Manager to issue equipment, while
the other clearly allows the City Manager to issue such equipment to any municipally elected
official without limitations. Those options are attached for your review and are summarized as
follows:
O tion 1- Option #1, if adopted, will prohibit the City Manager from issuing any city
equipment to any elected official unless the entire City Council has approved
the request prior to the issuance.
O tion 2 - Option #2, if adopted, will essentially allow the City Manager to issue city
equipment at his/her discretion to municipal elected officials without any
required approval by the City Council.
In addition, both options expressly prohibit the use of city equipment by any elected official for
any private purpose, regardless of whether or not the expense incurred is reimbursed to the city.
RECOMMENDATION:
Clearly, the staff prefers and recommends for adoption the policy statement contained within
Option #1.
ATTACHIVIENTS:
1. Correspondence Requesting a City Attorney's Opinion
2. City Attorney Opinion #95-OS
3. Option #1 -Policy Statement
4. Option #2 -Policy Statement
LETTER REQUESTING
~ CITY ATTORNEY OPINION
City of Owasso
207 South Cedar ~u^"°"~
PO Box 180 ,~~ •• ---; ~`g
Owasso, OK 74055 ~ '-
/~
~~O a n~c n+"'
November 28, 1995
~-t~
~G~tQcp -f o
~~~ ~~~ ~ ~
(9181 272-2251
FAX (918) 272-499
Ronald D Cates
Suite 680, Parkcentre
525 S Main
Tulsa, OK 74103
RE: REQUEST FOR CITY ATTORNEY OPINION
Dear Mr Cates:
Please consider this correspondence as an official request for a City Attorney's Opinion relating
to the issuance and use of city-owned equipment and material to and by members of the Owasso
City Council. As you know, there have been concerns recently expressed by members of the
Council, and an editorial referencing the same issue. Therefore, I request this opinion in an
effort to clarify any questions and ensure the City is in full compliance with applicable laws.
Specifically, the questions that require an answer in the form of a written opinion are:
1. May the municipality provide unto its elected officials equipment,
materials, supplies or services purchased or paid for by the municipality
for use by the elected official solely for municipally-related purposes?
and;
2. May the municipal elected official provided such equipment, materials,
supplies or services purchased or paid for by the municipality utilize such
equipment, materials, supplies or services for a private purpose, provided
the municipal elected official reimburses the municipality the proportionate
cost of such equipment, materials, supplies or service as equals the private
use.
Because of the sensitive nature of this issue and the need to resolve any questions relating to the
expenditure of public funds, I respectfully request your immediate attention to this
correspondence. I further request, as is your policy, that your response be copied to each
member of the City Council.
,.w
W
ii
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II
II
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Ronald D Cates
November 28, 1995
Page 2
Thank you for your consideration of this request. If you have need for additional information,
please do not hesitate to call me.
Sincere ,
Rodney J Ray
City Manager
copy: Mayor Burris
Vice Mayor Ewing
Councilor Barnhouse
Councilor Ramey
Councilor Helm
CITY ATTORNEY
OPINION #95-OS
f
RONALD D. CATES
Attorney at Law
Suite 680, ParkCentre
525 South Main
Tulsa, Oklahoma 74103
918-582-7447
FAX 918-582-0166
December 04, 1995
Mr. Rodney J. Ray
' City Manager
City of Owasso
P.O. Box 180
Owasso, Oklahoma 74055
Re: City Attorney Opinion No. 95-OS
Dear Mr. Ray:
This will acknowledge receipt by me on the 29th day of November, 1995, of your request for
a City Attorney Opinion wherein you submit the following questions, to-wit:
1. May the municipality provide unto its elected officials equipment, materials,
supplies or services purchased or paid for by the municipality for use by the
elected official solely for municipally-related purposes?
2. May the municipal elected official provided such equipment, materials,
supplies or services purchased or paid for by the municipality utilize such
equipment, materials, supplies or services for a private purpose, provided the
municipal elected official reimburses the municipality the proportionate cost
of such equipment, materials, supplies or services as equals the private use.
Inherent in any analysis of the questions presented is a clear understanding of the proper use of public
' funds, equipment or labor. In that respect, in City of Sapulpa v. Land, 22 Okl. 101, 223 P 640
(1924), and Oklahoma News Co. v. Ryan, 101 Okl. 151, 224 P 969 (1924), the Supreme Court of
~ the State of Oklahoma held that OKLA. CONST., Article 10, Section 14 governs the imposition of
taxes by municipalities. OKLA. CONST., Article 10, Section 14 provides in pertinent part "taxes
shall be levied and collected by general law and for public purposes only....". Under the provisions
~ of this section no tax can be levied and collected except for public purposes. Vette v. Childers, 102
Okl. 140, 228 P 145 (1924). In order to constitute a public purpose justifying the expenditure of
public funds, as provided under the referenced constitutional section, such purpose must not only be
affected with a public interest, but must be performed in the exercise of governmental functions. Id.
2780-288.owa/ao~
r
Mr. Rodney J. Ray
December 04, 1995
Page Two (2)
Accordingly, your first question presupposes that the equipment, materials, supplies or services
purchased or paid for by the municipality for use by the public official solely for municipally related
purposes affects the public interest and is utilized in performance of the governmental functions of
the municipality. As a consequence, I am of the opinion that the municipality may provide unto its
elected officials equipment, materials, supplies or services purchased or paid for by the municipality
for use by the elected officials solely for municipally related purposes.
Insofar as your second question is concerned, in conjunction with the aforementioned
authorities, your attention is addressed to the provisions of the OKLA. CONST., Article 10, Section
17, which provides, in part "the legislature shall not authorize any .... city, town... to obtain or
appropriate money for, or levy any tax for.... any corporation, association or individual". Your
second question presupposes that there is not benefit to the public arising from the private utilization --
of equipment, materials, supplies or services purchased or paid for by the municipality. Thus, the
issue becomes whether reimbursement to the municipality for its expenses would permit the ~
municipality to lawfully allow utilization of the equipment, materials, supplies or services purchased
or paid for by the municipality, for private purposes. I submit such would not. In that respect, it is
well settled that a municipality possesses and can exercise only those powers granted it by statute, R
or those necessarily or fairly implied or incidental to the powers expressly granted, and those essential
to the declarant objects and purposes of the corporation. Mitchener v. City of Okmulgee, 100 Okl.
98, 228 P 159; Development Industries, Inc v City of Norman, Okl. 412 P.2d 953 (1966). The
power to provide equipment, materials, supplies or services purchased or paid for by the municipality
solely for the benefit and advantage of an individual with no resultant benefit to the municipality or
to its citizens is not among the powers granted by statute, nor necessarily or fairly implied, nor
incidental to any of the powers granted to municipalities, nor essential to any of the declared objects ~,
and purposes of municipalities. Municipal corporations exercise a portion of the State's sovereignty
in the administration of government on the local level, Citv of Tulsa v. WheetleX, 187 Okl. 1 S5, 101
P.2d 834 (1940); and a municipality acts for the collective advantage of its inhabitants for its own
ends in the exercise of its corporate or proprietary powers, Public Service Company of Oklahoma v
Citv of Tulsa, 174 Okl. 58, 50 P.2d 166 (1935). The use of municipally purchased or paid for
equipment, materials, supplies or services, albeit subject to cost reimbursement, for a solely and
exclusively private purpose at utterly no benefit to the municipality or its citizens collectively, is '"
inconsistent with the purposes for which municipalities exist and thus wholly ultra wires. OKLA.
CONST., Article 10, Section 14, OKLA. CONST., Article 10, Section 17, and Opinions of the
Attorney General of the State of Oklahoma Opinion No. 80-44.
2780-288.owa/ao5
Mr. Rodney Ray
December 04, 1995
Page Three (3)
1
~ Therefore, it is my official opinion that:
' 1. The municipality may provide unto its elected officials, equipment, materials,
supplies or services purchased or paid for by the municipality for use by the
elected officials solely for municipally related purposes;
~ 2. A municipal elected official provided equipment, materials, supplies or services
~ purchased or paid for by the municipality may not utilize such equipment,
materials, supplies or service for a private purpose regardless of the intent or the
act on the part of the municipally elected official to reimburse the municipality
the proportionate cost of such equipment, materials, supplies or services as
equals the private use thereof because the municipality's provision of
equipment, materials, supplies or services purchased or paid for by the
' municipality, under such circumstance, would render in such provision, from
the outset, as ultra wires and therefore unlawful.
I trust the foregoing meets with your needs at this t.~hould you have any questions or
comments concerning same, please do not hesitate to cont t m .
~ely,
xc: Honorable Charles L. Burris, Mayor
~ Danny Ewing, Vice-Mayor
Counselor Mary Lou Barnhouse
Counselor Joe Ramey
Counselor Mike Helm
City Clerk Marcia Boutwell
' 2780-288.owa/ao5
Roma d D. Cates
City Attorney
OPTION # 1
POLICY RELATING TO ISSUANCE
OF CITY EQUIPMENT
It is the expressed purpose of this statement to formalize a policy that addresses the authorization
or issuance of city-owned equipment, materials, supplies, or services paid for by the city to
members of the City Council. The following statement shall be considered as the policy of the
Owasso City Council:
"The City Manager shall be prohibited from authorizing or issuing any city-
~ owned equipment, materials, supplies or services paid for by the city to any
member of the Council unless and until such issuance or authorization is
previously approved by a majority of the Council at a regularly scheduled
~ meeting. In the event such issuance or authorization is approved, the use of such
equipment, materials, supplies, or services is limited to those uses solely for
public business. Private or personal use of the issued equipment, materials,
' supplies, or services, even if reimbursed, is prohibited and considered a violation
of the law. "
It is the intent of this policy to ensure proper oversight and review of all use by Councilors of
municipally-owned equipment, materials, supplies, and services paid for by the city.
' Having been heard and approved by the City Council on the 19th day of December, 1995, the
above policy statement is adopted.
Charles L Burris, Mayor
ATTEST:
^
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D Cates, City Attorney
OPTION #2
POLICY RELATING TO ISSUANCE
OF CITY EQUIPMENT
It is the expressed purpose of this statement to formalize a policy that addresses the authorization
' or issuance of city-owned equipment, materials, supplies, or services paid for by the city to
members of the City Council. The following statement shall be considered as the policy of the
~ Owasso City Council:
"The City Manager shall be authorized to issue city-owned equipment, materials,
' ~ supplies or services paid for by the city to any member of the Council upon
request of such member. In the event of the issuance or authorization of such
equipment, materials, supplies, or services, its use is limited solely for public
business. Private or personal use of the issued equipment, materials, supplies,
or services, even if reimbursed, is prohibited and considered a violation of the
law. "
It is the intent of this policy to ensure proper oversight and review of all use by Councilors of
municipally-owned equipment, materials, supplies, and services paid for by the city.
^ Having been heard and approved by the City Council on the 19th day of December, 1995, the
above policy statement is adopted.
^
ATTEST:
Charles L Burris, Mayor
Marcia Boutwell, City Clerk
~ APPROVED AS TO FORM:
Ronald D Cates, City Attorney